Three Plaintiffs File Class Action Against Norfolk Southern Corp. Over ‘Substantial’ Flood Damage

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Norfolk Southern Corporation is on the receiving end of a proposed class action filed in South Carolina by three plaintiffs who say the rail line operator is responsible for flood damage their properties sustained during an October 2015 rainstorm.

The lawsuit explains the defendant operates more than 750 miles of railroad track in South Carolina. One of its lines runs southeast through Richland County, from downtown Columbia to an area close to Owens Airport, eventually crossing Gills Creek near South Beltline Boulevard. According to the lawsuit, the defendant is responsible for a train embankment and trestle at the Gills Creek crossing that “significantly restricts the natural flow of water” down Gills Creek.

During heavy rains, the plaintiffs claim, water flowing along the Gills Creek watercourse is restricted by the defendant’s embankment and trestle, which causes the water to back up and flow into the land of those who own property upstream. The incident at the center of the lawsuit occurred in early October 2015 when the area reportedly received almost 11 inches of rain over a three-day period.

“During the rainstorm, the water course flowing down Gills Creek was slowed and restricted by Norfolk Southern’s embankment and train trestle over Gill’s Creek,” the case reads. “As a result, water from Gills Creek backed up and flooded the land of upstream property owners including [the plaintiffs].”

The case claims the apparent flood damage destroyed proposed class members’ homes, and that Norfolk Southern Corporation’s building and operation of the embankment violates South Carolina law, which prohibits railroad corporations from “wrongful obstruction of watercourses.”